Schools compared notes via e-mail during test

On Day 2 of the Caller-Times open records audit, reporter Mike Baird
found out the test of school districts' compliance wasn't so secret
after all.

West Oso ISD business manager David Palacios told Baird he didn't
know what all the secrecy was about, that he normally worked fine with
other reporters. Baird had not identified himself as a Caller-Times
reporter.

News assistant Mary Ann Cavazos heard a similar response at Taft
ISD:

"You're a popular lady. I hear you've been around," Noel Snedeker,
Taft's assistant superintendent for business, told Cavazos on Jan. 11.
Snedeker named other school districts that already had received
requests.

On Jan. 12, when reporter Kathryn Garcia made a request at
Odem-Edroy ISD, business manager Edith George told her: "It's a fun
little game we're playing."

Recognizing that the districts had been alerted about the open
records audit, the Caller-Times then asked several school districts for
copies of all e-mails regarding open records requests made during that
week.

The request yielded 34 messages, sent among officials in 42 school
districts, about the Caller-Times records requests.

Carol Sue Hipp,Tuloso-Midway ISD assistant superintendent, was the
first school official to e-mail using an existing list-serve of area
school district business office officials.

Hipp said the night she sent the first e-mail, her husband Jonny
Hipp told her it sounded like a Caller-Times audit. Jonny Hipp is
administrator of the Nueces County Hospital District, which encountered
the Caller-Times' open records audit of July 2005.

In the aftermath of the Caller-Times open records request for
e-mails, many schools held meetings to discuss e-mail usage and the
network went silent. Here are many of the e-mails the schools turned
over:

Day 1, Monday, Jan. 9

Hipp, of Tuloso Midway ISD, , receives a records request and sends
e-mail to a list of 55 e-mail addresses. "The requestor is Michael
Baird, but he 'prefers not to disclose who he represents.' I was
wondering if others are getting these types of request, or if this is
something that is specifically a TMISD request."

At 6:35 a.m. Hipp, of Tuloso Midway ISD, e-mails the list-serve to
give an update.

"Seventeen schools responded and four of us have received the same
request - Gregory-Portland, Pettus, Ricardo, TMISD. Let me know if you
are 'blessed with this request.' Someone suggested that it might be a
newspaper testing the open records response times."

Day 3, Wednesday, Jan. 11

Noel Snedeker, Taft ISD assistant superintendent for
business: "Mary Ann Cavazos just left my office giving Taft ISD the
same request for Supts. Salary/benefits and three years of electrical
costs. My A/P clerk erroneously asked her why she needed it and she
said that she would rather not say. I normally run all open record
requests through our attorney but I feel this is a harmless request and
may just be a test for timeliness of response. I will have it ready
tomorrow. Watch it come back and bite me in the %&#."

Xavier Gonzalez, Flour Bluff ISD assistant superintendent for
business: "By the time we finish our careers most of us no longer
have a %&#."

Donna Hohn, Corpus Christi ISD comptroller: "We just got
someone coming to accounts payable requesting information like this. I
sent them to legal so I will be doing the same too.

Day 4, Thursday, Jan. 12

Alissa Sanchez, Brooks County ISD Director of Finance:
"Brooks County ISD received this same request on 1/11/06 requesting
electricity bills and the superintendent's salary. The requestor's name
is Neal Falgoust of CC, TX. Both Mr. Falgoust and Mary Ann Cavazos seem
to be staff members of the CC Caller-Times. The fax number he left me
is from the CC Caller-Times which was verified from their website."

Carole Estes of Skidmore-Tynan ISD: saying she "just received
the same thing from a 'Adriana Garza.' "

Day 5, Friday, Jan. 13

Ty Sparks, George West ISD assistant superintendent for business
management: "George West ISD received the request from a Ms. Brandi
Dean."

Snedeker of Taft ISD: "What can I charge per copy for the
request? Is any other chargeable cost associated with this
request?"

Doug Arnold, financial consultant to the Region 2 Education
Service Center: Should any of you need this information, the
Attorney General's web site contains the new handbook concerning Public
Information. It also contains a one-hour video that is a requirement
for school boards to view during 2006.

You may access this information at www.oag.state.tx.us. Click on
Open government training on the left of the welcome page and you will
see the links to the information. The handbook is about 280 pages long
but it has a pretty good index that enables a viewer to find the topic
and go to it fairly quickly."

Jose Cantu, Deputy Director of Fiscal Affairs Education Service
Center Region 2: "The attorney general's office sets the rates to
be charged based on copies and access to copies: cost can include:
labor up to a limited amount, postage to mail it, cost per copy which
is limited also. Others which may include electronic processing."

Melonie Day, assistant superintendent for Alice ISD: If you
use TASB (Texas Association of School Boards) policy services, all this
information is in BGAA legal (a school district policy manual). By the
way, I just got the records request from a Nancy Martinez, address in
Mathis. Does anybody know yet what this is all about?

Kathy Wimberly, Agua Dulce ISD office manager: "I just got a
request for the same information from a Nancy Martinez with a Mathis
address.

Cheryle Stansberry, Aransas Pass ISD business manager: "A
young woman by the name of Venessa Garza just walked into our
Administration Office and requested the information for electric bills
for 2004, 2005, budget for 2006 as well as the supt. salary and benefit
package. I told her that all requests for information must be made in
writing. She stood at the receptionist desk and hand wrote her
request.

I asked for her business card - she didn't have one. I asked her
what group or organization she was affiliated with and she said she
would rather not say. The receptionist asked her if she was a community
member and she said yes. When I asked her if she was a member of the
Aransas Pass community she said she would rather not say. I asked if
she wanted copies of each monthly electric bill - she replied no, that
a list of monthly amounts would be sufficient. She left her phone
number and an E-mail address. Like everyone else, I am curious as to
what is going on. If anyone finds out, please let me know."

Ken Wagner, Aransas County ISD Chief Financial Officer:
Venessa Garza just now came in and requested open records for: 2004,
2005 and Projected 2006 utility bills and superintendent salary
package. I asked her who this was for and she said "she would rather
not comment."

Olivia Mixon, Port Aransas ISD business manager: "Ditto to
the same request but from Venessa Garza - left her phone number, email
and address. What is going on?"

"You may not ask questions other than as follows: Government Code
552.222 follows - bolded section to show inquiry by governmental body
to show inquiry permissible: (a) the officer for public information and
the officer's agent may not make an inquiry of a requestor except to
establish proper identification."

Later that day another email from, Wiesman: "Tag - we're
it."

Ann Dixon, Santa Gertrudis ISD superintendent consultant, in
response to Stansberry's Jan. 13 e-mail: "I don't think you can ask
the questions you asked to Ms. Garza, the requestor of the open
records. I think you can only ask for clarification of the information
they are requesting. You cannot ask her affiliations or purpose of the
information. Does anyone else agree with me????"

Stansberry of Aransas Pass ISD: "Thank you for your response.
I am gathering information to streamline our procedures for handling
situations like this. This caught me totally off guard."

DAY 11, Thursday, Jan. 19

Ann Dixon of Santa Gertrudis ISD: "Great information, Karen.
Thanks for doing this research for us. Could we get a sample of your
form?"

Carolyn Lee, Bishop Consolidated ISD business manager: "Late
yesterday afternoon, Israel Saenz, with a Corpus Christi address,
requested the same information as your requests included. On the light
side of this: I told my superintendent that it might help her get a
raise or a bond issue passed to make these old buildings more energy
efficient!! I really appreciate receiving all of the great information.
Thanks to all of you! Carolyn"

DAY 15, Monday, Jan. 23

Snedeker of Taft ISD attached a Caller-Times request for
identification of school officials on the list serve: "Attached is a
request that I know some or all of you have received. I apologize for
the timeliness of this post but my attorney was out of town last week
and just got back with me. Not only have I received the attached the
following email came to me a little bit ago.

Taft ISD has no intention in submitting this request to the Attorney
Gerneral's Office for an opinion but rather will comply with the
request. When I went back to look at the emails in question it reminded
me that the network was working. True we were discussing who was
getting served and who wasn't but we were sharing facts, regulations,
procedures and board policies. I admitted that my A/P clerk erroneously
asked 'why' and within seconds people were cutting and pasting
procedures and sharing web links on where to find the rules concerning
open records requests communications. I know how much to charge for
open records but I threw that question out there to stimulate dialogue
because I wasn't sure everyone did know. Within minutes, cut and paste,
web links, board policy attachments and a worksheet on how to tabulate
the cost. During the year we had asked questions and got responses, we
discussed legislation, salaries, budget just to name a few topics.

We have violated no laws. This should be a reminder, your staff and
district administrators that email is public record, unless you can and
want to prove otherwise. Per our attorney we should make every post
factual and free of slander, which it has been.

Please let's not be intimidated by these requests and not use the
network. Their story is going to happen and life will go on. WE HAVE
DONE NOTHING WRONG.

Hope to talk to you soon!"

Contact Nancy Martinez at 886-3794 or martinezna@ caller.com or
Sarah Viren at 886-4316 or virens@ caller.com